Last updated: May 22, 2018
Please read these Terms and Conditions ("Terms",
"Terms and Conditions") carefully before using the https://smartengage.com
website (the "Service") operated by Level Up Global, Corp
("us", "we", or "our").
Your access to and use of the Service is conditioned upon your
acceptance of and compliance with these Terms. These Terms apply to all
visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these
Terms. If you disagree with any part of the terms then you do not have
permission to access the Service.
Communications
By creating an Account on our service, you agree to subscribe to
newsletters, marketing or promotional materials and other information we may
send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or instructions
provided in any email we send.
Purchases
If you wish to purchase any product or service made available
through the Service ("Purchase"), you may be asked to supply certain
information relevant to your Purchase including, without limitation, your
credit card number, the expiration date of your credit card, your billing
address, and your shipping information.
You represent and warrant that: (i) you have the legal right to
use any credit card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true, correct and
complete.
The service may employ the use of third party services for the
purpose of facilitating payment and the completion of Purchases. By submitting
your information, you grant us the right to provide the information to these
third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time
for reasons including but not limited to: product or service availability,
errors in the description or price of the product or service, error in your
order or other reasons.
We reserve the right to refuse or cancel your order if fraud or
an unauthorized or illegal transaction is suspected.
Availability, Errors and
Inaccuracies
We are constantly updating product and service offerings on the
Service. We may experience delays in updating information on the Service and in
our advertising on other web sites. The information found on the Service may
contain errors or inaccuracies and may not be complete or current. Products or
services may be mispriced, described inaccurately, or unavailable on the
Service and we cannot guarantee the accuracy or completeness of any information
found on the Service.
We therefore reserve the right to change or update information
and to correct errors, inaccuracies, or omissions at any time without prior
notice.
Contests, Sweepstakes and
Promotions
Any contests, sweepstakes or other promotions (collectively,
"Promotions") made available through the Service may be governed by
rules that are separate from these Terms & Conditions. If you participate
in any Promotions, please review the applicable rules as well as our Privacy
Policy. If the rules for a Promotion conflict with these Terms and Conditions,
the Promotion rules will apply.
Subscriptions
Some parts of the Service are billed on a subscription basis
("Subscription(s)"). You will be billed in advance on a recurring and
periodic basis ("Billing Cycle"). Billing cycles are set either on a
monthly or annual basis, depending on the type of subscription plan you select
when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will
automatically renew under the exact same conditions unless you cancel it or Level
Up Global, Corp cancels it. You may cancel your Subscription renewal either
through your online account management page or by contacting Level Up Global,
Corp customer support team.
A valid payment method, including credit card or PayPal, is
required to process the payment for your Subscription. You shall provide Level
Up Global, Corp with accurate and complete billing information including full
name, address, state, zip code, telephone number, and a valid payment method
information. By submitting such payment information, you automatically
authorize Level Up Global, Corp to charge all Subscription fees incurred
through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Level Up
Global, Corp will issue an electronic invoice indicating that you must proceed
manually, within a certain deadline date, with the full payment corresponding
to the billing period as indicated on the invoice.
Free Trial
Level Up Global, Corp may, at its sole discretion, offer a
Subscription with a free trial for a limited period of time ("Free
Trial").
You may be required to enter your billing information in order
to sign up for the Free Trial.
If you do enter your billing information when signing up for the
Free Trial, you will not be charged by Level Up Global, Corp until the Free
Trial has expired. On the last day of the Free Trial period, unless you cancelled
your Subscription, you will be automatically charged the applicable
Subscription fees for the type of Subscription you have selected.
At any time and without notice, Level Up Global, Corp reserves
the right to (i) modify the terms and conditions of the Free Trial offer, or
(ii) cancel such Free Trial offer.
Fee Changes
Level Up Global, Corp, in its sole discretion and at any time,
may modify the Subscription fees for the Subscriptions. Any Subscription fee
change will become effective at the end of the then-current Billing Cycle.
Level Up Global, Corp will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
*Unlimited Email sending is capped at industry standard amounts based on what is "normal" for a subscriber to receive within a 1 month period to avoid any potential issues with ISPs. These levels are as follows:
a. Basic: 50,000 emails/m
b. Pro: 125,000 emails/m
c. High Volume: # of subscribers * 15 emails/m
Your continued use of the Service after the Subscription fee
change comes into effect constitutes your agreement to pay the modified
Subscription fee amount.
Refunds
For any portion of the products requiring a usage or subscription fee, after the free trial period (if any) your credit card will be charged on a recurring basis according to the service plan you have selected. Unless you cancel the free trial prior to the end of the trial period you will be automatically enrolled in and charged service fees for the service plan that you have chosen. Charges for all service plans are NON-REFUNDABLE, even if you do not like or use our products and services. This policy is in place to protect applicable parties from free trial abuse as well as maintain a level of quality and expectations regarding server fees and management. Certain refund requests for Subscriptions may be considered by Level
Up Global, Corp on a case-by-case basis and granted in sole discretion of Level
Up Global, Corp.
Content
Our Service allows you to post, link, store, share and otherwise
make available certain information, text, graphics, videos, or other material
("Content"). You are responsible for the Content that you post on or
through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and
warrant that: (i) the Content is yours (you own it) and/or you have the right
to use it and the right to grant us the rights and license as provided in these
Terms, and (ii) that the posting of your Content on or through the Service does
not violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person or entity. We reserve the right to terminate the
account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit,
post or display on or through the Service and you are responsible for
protecting those rights. We take no responsibility and assume no liability for
Content you or any third party posts on or through the Service. However, by
posting Content using the Service you grant us the right and license to use,
modify, publicly perform, publicly display, reproduce, and distribute such
Content on and through the Service. You agree that this license includes the
right for us to make your Content available to other users of the Service, who
may also use your Content subject to these Terms.
Level Up Global, Corp has the right but not the obligation to
monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the
property of Level Up Global, Corp or used with permission. You may not
distribute, modify, transmit, reuse, download, repost, copy, or use said
Content, whether in whole or in part, for commercial purposes or for personal
gain, without express advance written permission from us.
Accounts
When you create an account with us, you guarantee that you are
above the age of 18, and that the information you provide us is accurate,
complete, and current at all times. Inaccurate, incomplete, or obsolete
information may result in the immediate termination of your account on the
Service.
You are responsible for maintaining the confidentiality of your
account and password, including but not limited to the restriction of access to
your computer and/or account. You agree to accept responsibility for any and
all activities or actions that occur under your account and/or password,
whether your password is with our Service or a third-party service. You must
notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
You may not use as a username the name of another person or
entity or that is not lawfully available for use, a name or trademark that is
subject to any rights of another person or entity other than you, without
appropriate authorization. You may not use as a username any name that is
offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in our sole discretion.
Copyright Policy
We respect the intellectual property rights of others. It is our
policy to respond to any claim that Content posted on the Service infringes on
the copyright or other intellectual property rights ("Infringement")
of any person or entity.
If you are a copyright owner, or authorized on behalf of one,
and you believe that the copyrighted work has been copied in a way that
constitutes copyright infringement, please submit your claim via email to dmca@smartengage.com,
with the subject line: "Copyright Infringement" and include in your
claim a detailed description of the alleged Infringement as detailed below,
under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and
attorneys' fees) for misrepresentation or bad-faith claims on the infringement
of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure
for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium
Copyright Act (DMCA) by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at dmca@smartengage.com
Intellectual Property
The Service and its original content (excluding Content provided
by users), features and functionality are and will remain the exclusive
property of Level Up Global, Corp and its licensors. The Service is protected
by copyright, trademark, and other laws of both the United States and foreign
countries. Our trademarks and trade dress may not be used in connection with
any product or service without the prior written consent of Level Up Global,
Corp.
Links To Other Web Sites
Our Service may contain links to third party web sites or
services that are not owned or controlled by Level Up Global, Corp
Level Up Global, Corp has no control over, and assumes no
responsibility for the content, privacy policies, or practices of any third
party web sites or services. We do not warrant the offerings of any of these
entities/individuals or their websites.
You acknowledge and agree that Level Up Global, Corp shall not
be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such third party web
sites or services.
We strongly advise you to read the terms and conditions and
privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the
Service immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever and without limitation, including but not
limited to a breach of the Terms.
If you wish to terminate your account, you may simply
discontinue using the Service.
All provisions of the Terms which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Level Up
Global, Corp and its licensee and licensors, and their employees, contractors,
agents, officers and directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees), resulting from or arising out of a) your use
and access of the Service, by you or any person using your account and
password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Level Up Global, Corp, nor its directors,
employees, partners, agents, suppliers, or affiliates, be liable for any
indirect, incidental, special, consequential or punitive damages, including
without limitation, loss of profits, data, use, goodwill, or other intangible
losses, resulting from (i) your access to or use of or inability to access or
use the Service; (ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and (iv) unauthorized access, use
or alteration of your transmissions or content, whether based on warranty,
contract, tort (including negligence) or any other legal theory, whether or not
we have been informed of the possibility of such damage, and even if a remedy
set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is
provided on an "AS IS" and "AS AVAILABLE" basis. The
Service is provided without warranties of any kind, whether express or implied,
including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, non-infringement or course of performance.
Level Up Global, Corp its subsidiaries, affiliates, and its
licensors do not warrant that a) the Service will function uninterrupted,
secure or available at any particular time or location; b) any errors or
defects will be corrected; c) the Service is free of viruses or other harmful
components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain
warranties or the exclusion or limitation of liability for consequential or
incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with
the laws of Puerto Rico, an unincorporated territory of the United States,
without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms
will not be considered a waiver of those rights. If any provision of these
Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service, and supersede and replace
any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or
replace these Terms at any time. If a revision is material we will provide at
least 30 days notice prior to any new terms taking effect. What constitutes a
material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions
become effective, you agree to be bound by the revised terms. If you do not
agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us at https://help.smartengage.com
Effective date: May 22, 2018 Level Up Global, Corp
("us", "we", or "our") operates the https://smartengage.com
website (the "Service"). This page informs you of our policies
regarding the collection, use, and disclosure of personal data when you use our
Service and the choices you have associated with that data. We use your data to
provide and improve the Service. By using the Service, you agree to the
collection and use of information in accordance with this policy. Unless
otherwise defined in this Privacy Policy, terms used in this Privacy Policy
have the same meanings as in our Terms and Conditions, accessible from https://smartengage.com
Definitions
Information
Collection And Use
We collect several different types of information for various
purposes to provide and improve our Service to you.
Types
of Data Collected
Personal
Data
While using our Service, we may ask you to provide us with
certain personally identifiable information that can be used to contact or
identify you ("Personal Data"). Personally identifiable information
may include, but is not limited to:
We may use your Personal Data to contact you with
newsletters, marketing or promotional materials and other information that may
be of interest to you. You may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or instructions
provided in any email we send.
Usage
Data
We may also collect information how the Service is accessed
and used ("Usage Data"). This Usage Data may include information such
as your computer's Internet Protocol address (e.g. IP address), browser type,
browser version, the pages of our Service that you visit, the time and date of
your visit, the time spent on those pages, unique device identifiers and other
diagnostic data.
Tracking
& Cookies Data
We use cookies and similar tracking technologies to track the
activity on our Service and hold certain information. Cookies are files with
small amount of data which may include an anonymous unique identifier. Cookies
are sent to your browser from a website and stored on your device. Tracking
technologies also used are beacons, tags, and scripts to collect and track
information and to improve and analyze our Service. You can instruct your
browser to refuse all cookies or to indicate when a cookie is being sent.
However, if you do not accept cookies, you may not be able to use some portions
of our Service. Examples of Cookies we use:
Use of
Data
Level Up Global, Corp uses the collected data for various
purposes:
Legal Basis
for Processing Personal Data Under General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), Level Up
Global, Corp legal basis for collecting and using the personal information
described in this Privacy Policy depends on the Personal Data we collect and
the specific context in which we collect it. Level Up Global, Corp may process
your Personal Data because:
Retention
of Data
Level Up Global, Corp will retain your Personal Data only for
as long as is necessary for the purposes set out in this Privacy Policy. We
will retain and use your Personal Data to the extent necessary to comply with
our legal obligations (for example, if we are required to retain your data to
comply with applicable laws), resolve disputes, and enforce our legal agreements
and policies. Level Up Global, Corp will also retain Usage Data for internal
analysis purposes. Usage Data is generally retained for a shorter period of
time, except when this data is used to strengthen the security or to improve
the functionality of our Service, or we are legally obligated to retain this
data for longer time periods.
Transfer
Of Data
Your information, including Personal Data, may be transferred
to — and maintained on — computers located outside of your state, province,
country or other governmental jurisdiction where the data protection laws may
differ than those from your jurisdiction. If you are located outside United
States and choose to provide information to us, please note that we transfer
the data, including Personal Data, to United States and process it there. Your
consent to this Privacy Policy followed by your submission of such information
represents your agreement to that transfer. Level Up Global, Corp will take all
steps reasonably necessary to ensure that your data is treated securely and in
accordance with this Privacy Policy and no transfer of your Personal Data will
take place to an organization or a country unless there are adequate controls
in place including the security of your data and other personal information.
Disclosure
Of Data
Business
Transaction
If Level Up Global, Corp is involved in a merger, acquisition
or asset sale, your Personal Data may be transferred. We will provide notice
before your Personal Data is transferred and becomes subject to a different
Privacy Policy.
Disclosure
for Law Enforcement
Under certain circumstances, Level Up Global, Corp may be
required to disclose your Personal Data if required to do so by law or in
response to valid requests by public authorities (e.g. a court or a government
agency).
Legal
Requirements
Level Up Global, Corp may disclose your Personal Data in the
good faith belief that such action is necessary to:
Security
Of Data
The security of your data is important to us, but remember
that no method of transmission over the Internet, or method of electronic
storage is 100% secure. While we strive to use commercially acceptable means to
protect your Personal Data, we cannot guarantee its absolute security.
"Do
Not Track" Signals
We do not support Do Not Track ("DNT"). Do Not
Track is a preference you can set in your web browser to inform websites that
you do not want to be tracked. You can enable or disable Do Not Track by
visiting the Preferences or Settings page of your web browser.
Your
Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA),
you have certain data protection rights. Level Up Global, Corp aims to take
reasonable steps to allow you to correct, amend, delete, or limit the use of
your Personal Data. If you wish to be informed what Personal Data we hold about
you and if you want it to be removed from our systems, please contact us. In
certain circumstances, you have the following data protection rights:
Please note that we may ask you to verify your identity
before responding to such requests. You have the right to complain to a Data
Protection Authority about our collection and use of your Personal Data. For
more information, please contact your local data protection authority in the
European Economic Area (EEA).
Service
Providers
We may employ third party companies and individuals to
facilitate our Service ("Service Providers"), to provide the Service
on our behalf, to perform Service-related services or to assist us in analyzing
how our Service is used. These third parties have access to your Personal Data
only to perform these tasks on our behalf and are obligated not to disclose or
use it for any other purpose.
Analytics
We may use third-party Service Providers to monitor and
analyze the use of our Service.
Behavioral
Remarketing
Level Up Global, Corp uses remarketing services to advertise
on third party websites to you after you visited our Service. We and our
third-party vendors use cookies to inform, optimize and serve ads based on your
past visits to our Service.
Payments
We may provide paid products and/or services within the
Service. In that case, we use third-party services for payment processing (e.g.
payment processors). We will not store or collect your payment card details.
That information is provided directly to our third-party payment processors
whose use of your personal information is governed by their Privacy Policy.
These payment processors adhere to the standards set by PCI-DSS as managed by
the PCI Security Standards Council, which is a joint effort of brands like
Visa, Mastercard, American Express and Discover. PCI-DSS requirements help
ensure the secure handling of payment information. The payment processors we
work with are:
Links
To Other Sites
Our Service may contain links to other sites that are not
operated by us. If you click on a third party link, you will be directed to
that third party's site. We strongly advise you to review the Privacy Policy of
every site you visit. We have no control over and assume no responsibility for
the content, privacy policies or practices of any third party sites or
services.
Children's
Privacy
Our Service does not address anyone under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected